SHAMPA SARKAR, J. - (1.) In this writ petition, the petitioner is aggrieved by the fixation of pension by the authorities in terms of the pension payment order dated November 29, 2016. According to the respondents, the pension of the petitioner had been fixed on the basis of the last pay drawn i.e. Rs.27,570/-. According to the petitioner the pension payment order ought to have been issued taking his last pay drawn as Rs.29,280/-. The petitioner has based her claim on the basis of a Government Order dated January 27, 1995 issued by the Department of School Education, Secondary Branch, Government of West Bengal. According to the petitioner, the said Government Order made the petitioner eligible for grant of higher scale of pay as the petitioner had taken six classes per week in History, though the petitioner was appointed as a teacher of Work Education. The petitioner already had the qualification of M.A. in History and due to exigency of the situation, the school made the petitioner take classes in History in terms of the said Government Order. The petitioner claimed that she was entitled to higher scale of pay as the post-graduate scale of the petitioner was also approved by an order dated October 17, 1995 issued by the District Inspector of Schools (S.E.), Bankura. The petitioner retired from service on July 31, 2014. By a communication dated October 13, 2014 the Assistant Director of Pension, Provident Fund and Group Insurance, West Bengal, raised an objection to the grant of the post-graduate scale of pay to the petitioner with effect from February 1, 1995 as the petitioner had not improved her qualification and obtained the degree subsequent to her appointment but she had the M.A. degree prior to her appointment. According to the said communication the respondents took a stand that it was only when teachers appointed in a particular group had subsequently improved their qualifications and were allowed to take classes in the said subject in which the qualification had been improved, the claim of higher scale of pay in terms of the Government Order dated January 27, 1995 would be granted.
(2.) By another communication dated March 13, 2015 the Assistant Director of Pension, Provident Fund and Group Insurance, West Bengal, once again denied the higher scale of pay to the petitioner and stated that G.O. No. 57-SE(B) dated January 27, 1995 was not applicable in case of the petitioner.
(3.) Aggrieved by the aforementioned memo dated March 13, 2015 the petitioner moved this Hon'ble Court by filing another writ petition being W.P. No. 9061(W) of 2015 (hereinafter referred to as the said writ petition). The specific case of the petitioner in the said writ petition was that the petitioner was governed by the G.O. 57-SE(B) dated January 27, 1995 and as the post graduate scale had already been approved with effect from February 1, 1995, the memorandum dated March 13, 2015 (Annexure P6 therein) was illegal, arbitrary and should be set aside and the pension should be released on the basis of the last pay drawn on the basis of the post-graduate scale. The prayer of the petitioner in the said writ petition is quoted below:- a) A writ of/or in the nature of mandamus be issued commanding the respondent authorities and each one of them and their men, agents, servants, officers, subordinates and associates to withdraw the decision of non-payment of pension to the petitioner being annexure 'P-6' forthwith; b) A writ in the nature of mandamus commanding the respondents, their men, agents, officers, sub-ordinates and/or associates to release the all terminal benefit in terms of the last pay drawn by the petitioner without deducting any amount. c) A writ of and/or writs in the nature of certiorari be issued commanding the respondent authorities and each one of them and their men, agents, servants, officers, subordinates and associates to transmit the entire records of the case so that conscionable justice may be done; d) To issue rule NISI in terms of the prayers (a), (b) and (c) made hereinabove; e) Interim order do issue directing the respondents, their men, agents, officers, subordinates and/or associates to take necessary actions in the matter of granting pension to the petitioner forthwith; f) An ad-interim order in terms of prayer (e) made hereinabove; g) To pass such other or further order or orders, direction or directions as to this Hon'ble Court may deem fit and proper. ;